Toronto International Child Abduction Lawyer
Toronto Hague Convention Lawyer
Toronto Parental Abduction Lawyer

The Canadian government defines international child abduction as “when a parent, guardian or other person with lawful care of charge of a child removes that child from Canada or retains that child outside Canada, without either the legal authority or permission of a parent who has full or joint custody rights.”

The Hague Convention

The Hague Convention on the Civil Aspects of International Child Abduction (“the Hague Convention”) is the guiding legislation regarding international child abduction. The Hague Convention is an international treaty which aims to provide for the prompt return of children abducted or wrongfully removed or retained from their habitual place of residence.

This treaty also provides the authority for the extradition of the abducting parent back to Canada. There are 101 countries signatory to the treaty.

Application

The Hague Convention only applies to children under 16 years of age and if the child is brought to a signatory country.

Hague Convention applications are heard and determined in the country where the child was taken and should occur within one year after the removal or retention.

If a child has been abducted to a country that is not a signatory to the Hague Convention, the treaty does not apply.

Habitual Place of Residence

One of the reasons international child abduction cases are so complex is that there is no definition of the habitual place of residence of the child. Thus, a board, factually driven approach is used to determine the habitual place of residence of a child.

Choose Gilbertson Davis LLP

At Gilbertson Davis LLP, we understand the urgency, sensitivity and complexity of international child abduction matters. We are well versed in the Hague Convention and laws regarding international child abduction. Your child’s best interests are out foremost concern and we can guide you through the entire process. We are easy to work with and tough to oppose.

Contact us for an initial consultation.

This page contains general legal information only and should not be construed or relied upon as legal advice for your unique situation. If you require legal advice, please request an initial consultation with Gilbertson Davis LLP using the Request Consultation Form on this webpage or by contacting our Intake Coordinator on (416) 979-2020, ext. 223 (both subject to the Terms of Use described on our Contact page).